Suitability and Safety

Suitability of Animal Species

The only animals that circuses are permitted to hold are those being trained to perform, or are already performing regularly. See clauses [1] and [2] for exceptions.

Circuses will not be permitted to acquire new animals except for training and performance.

[1] Where possible, non-performing circus animals must be relocated to a suitable new environment that meets the recognised standards of housing for zoo animals.

Circuses that keep retired animals because they cannot be rehoused, must do so in accordance with the recognised standards for housing zoo animals.

Non-performing animals must not be replaced. New circuses will not be permitted to hold non-performing animals.

Circuses may hold animals for breeding purposes only where these animals are retired performing animals and where they are housed in accordance with the recognised standards for the housing of animals in zoos.

Breeding must occur only as set out under state or territory regulations. The following criteria are mandatory:

• Before breeding commences, written evidence of the placement of the progeny in a circus or zoo must be provided.
  
  
• Animals must be compatible.
  
  
• Animals must be healthy and of an age where breeding can occur naturally.
  
  
• The animals must be in a facility where normal breeding and the care of offspring can occur. Where males of the species are known to kill offspring, separate facilities for the female and her offspring must be provided.
  
  
• In the case of mammals, regular records of the female’s oestrus must be kept.
  
  
• To minimise problems associated with in-breeding, the breeding animals must be sufficiently distant in their genetics.
  
  
• Only one retired pair of each species authorised for exhibit may continue to travel with the circus for breeding purposes (except for lions and primates - where one male and two females may be kept). If more than one pair is required for breeding purposes, the additional animals must be held in holding parks.
  
  
• Breeding should not occur if the progeny's welfare will be affected by budgetary or space constraints.
  
  
• Breeding shall not conflict with the Australasian Species Management Program.
  
  
• Breeding should not occur if it is not in the species' or animal's best interest.

[2] Circus personnel may keep personal pets if the animal is a recognised domestic species. Circus management must exercised self-regulation in caring for, and housing such pets.

Circuses will not be permitted to display or keep imported animals unless they can prove that they complied with the following conditions before the animal's entry:

• a permit allowing the animal's entry into the state or territory has been issued.
  
  
• the animals were transported to Australia in accordance with accepted international standards governing the health, welfare and safety of animals.
  
  
• managers responsible for circus acts have ensured that trainers understand the level of animal care expected under these standards - this may involve an RSPCA or government inspector questioning managers about their knowledge of the standards.
  
  
• On entry to Australia, the animals were:
  • examined by a registered veterinarian experienced with the family of animals involved, and
  • each individual animal was certified as being in good health before training and recommencing performances.

Any imported animals in breach of these requirements will not be authorised to be exhibited and must be held off display or returned to their home base.

Hybrid animals (excluding the mule) are not considered appropriate for circuses.

Circuses must not replace existing hybrid animals and, where possible, must make every effort to place them in a suitable new home that meets the standards for the housing zoo animals in that state or territory.

Different species capable of cross-mating must not be housed together. This does not apply while animals are performing or being trained together in the ring. Any progeny from accidental matings must not be exhibited.

Social species shall not be exhibited as single specimens unless compelling reasons can be shown.

Big Cats

Lions: in the wild are basically sedentary, only becoming active during hunting, feeding, fighting, territorial marking or mating.

These active periods occupy only a small part of lions' normal waking hours, making them more suitable to be kept in a circus than other big cat species. In captivity, their urge to hunt must be diverted to prevent boredom and associated behavioural problems.

Training lions to perform behaviours on command may offset boredom. The training should encourage them to use their natural instincts, which include working as a team, using physical energy, performing certain physical movements (such as leaping, rearing, running), and anticipating reward.

Lions form prides with a hierarchy. Trainers can exploit this so that the animals look to them for guidance. The stimulus from training (eg performing tricks) helps cater for lions' natural behavioural tendencies.

Other big cats: Most other big cats are solitary and do not seek prolonged close physical contact with others of their species. They are therefore less suitable for circuses than lions.

Dogs

Dogs are hierarchical pack animals that respond well to being controlled by humans. Because of their long-standing association with humans, and the bonds they form with them, dogs are no longer considered to be held in captivity.

Ungulates and camelids

These animals are considered domesticated and their prolonged contact and co-existence with humans makes them tractable. Humans have also developed a considerable knowledge about these animals, and a high level of stockmanship.

Male camels periodically undergo a condition known as 'musth', during which they are potentially dangerous. In this instance, castration of individual males, if deemed necessary, remains the circus proprietor's responsibility.

Elephants

As herd animals, elephants can be well-trained to respond to commands because of their natural tendency to follow a leader. And because they are social animals, they appear able to relate to humans in terms of their own social structures. In time, they come to associate humans with food and social stimulus. Humans can use this association by providing rewards during training.

People in charge of elephants should never be a source of stress to them otherwise the animals will no longer trust them or allow themselves to be led by them.

Male elephants also periodically undergo a condition known as ‘musth’, during which they are more aggressive and sexually active. A musth bull elephant will attack anything it perceives to be a rival and is, therefore, potentially very dangerous, especially in captivity. It is recommended that Australian circuses do not hold bull elephants unless they have a documented, manageable and safe history.

Elephants are intelligent, inquisitive and social, and unless there are compelling reasons, circuses must not try to keep single elephants. Circuses already holding elephants may acquire single animals to add to the existing group.

Circuses wishing to obtain elephants for the first time must acquire two or more animals. Elephants kept in circuses must be mentally stimulated and given avenues for play and social contact with other elephants.

Constant training will provide some of the necessary stimulation as long as it is based only on positive reinforcement. Training should introduce new behaviours and modify existing routines.

Monkeys and chimpanzees

Monkeys and apes are intelligent, social animals with an intense hierarchy. Their association with humans is based on their perception of humans as a source of food and other types of rewards, as well as being at the top of their social order.

With proper care and facilities, most monkeys and chimpanzees adapt to the circus environment. This care includes providing constant mental stimulation. Training must be ongoing to provide regular mental stimulation.

They need constant stimulation when not training or performing to prevent boredom and frustration.

Large apes (orang-outangs and gorillas) and arboreal apes (gibbons) are unsuitable animals for the circus environment because of their large living space requirements, and therefore, must not be held by Australian circuses.

Birds

Because birds need large display cages to allow natural flight, and are nervous around humans, they are generally unsuitable for circuses. The exceptions are domesticated pigeons and doves, domestic poultry, and parrots.

Parrots can be suitable because they are intelligent enough to associate the performance of desired behaviours with obtaining a reward. This is the main driving force behind their trainability.

On display, parrots may amuse themselves and avoid boredom by performing for passers-by.

Domesticated pigeons and doves have a long association with humans and are less stressed by handling, making them suitable for the circus environment.

Some birds learn to form a social attachment with their handlers or trainers that appears to be rewarding for the birds and caters for their social tendencies. This is to be encouraged.

Bears

Circuses may hold bears if their performance is:

• in an arena cage, such as that used for performances by big cats (in which case muzzles are not mandatory), and
  
  
• where entry to the cage is through an enclosed raceway or other means, so that the animal is enclosed.

When not performing, bears must not be muzzled unless it is for a short period.

Muzzling may be necessary for medical access or if handlers need to temporarily enter a bear enclosure. Declawing or detoothing is not permitted unless it is required for the animal’s health.

Bears spend the most of their time roaming in the wild, so the size of their display cage has to be maximised. Cage sizes, for displaying and transportation bears in circuses will be developed as an appendix to this Code.

Pinnipeds

Circuses may hold pinnipeds only where the cage sizes for displaying and transporting them meet state or territory standards for static pinniped displays in zoos.

Reptiles

Pythons are the only reptiles that circuses are permitted to hold, and are considered to be traditional circus animals.

Cage sizes for their display and transportation must meet the state or territory's standards for static reptile displays in zoos.

Circuses must keep more than one python to rotate their use.

Amphibians and fish

Circuses must not hold amphibian and fish because they cannot be trained.

Cetacea

Circuses must not hold cetacea (dolphins etc) because they cannot provide proper and large enough facilities to maintain their health and wellbeing.